Huntington v. Rodgers
City of New York Municipal Court
Action by Bryon O. Huntington against John C. Rodgers. On motion to stay further proceedings by plaintiff until the Appellate.Term of the Supreme Court determined whether the Trial Term of the City Court could set aside a verdict for inadequacy of damages.
1Opinion of the CourtFinelite, J.
The defendant obtained an order to show cause, returnable this day, why an order' should not be made staying the plaintiff from proceeding further with this action until the Appellate Term of the Supreme Court passes upon the question whether a judge presiding at a Trial Term of this court had a right to set aside a verdict rendered by the jury in favor of the plaintiff for the sum of $50 and grant a new trial. An order was entered thereon, and an appeal was taken therefrom and perfected.
The facts are that a motion was madé to set aside the verdict- of the jury and for a new trial on the…
2Cases cited2 opinions
- Brown v. FosterAppellate Division of the Supreme Court of the State of New York · 1896
- De Yaulus v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906